Allowed

Ashru Bajirao Aglawae v. Javedkhan Kasamkhan and Another

Bombay HC24 Apr 2013WP/1193/2013

Case brief

AI extract

What is this about?

Single judge allowed a writ petition to set aside an order rejecting an application to set aside the no written statement order in a suit regarding sale deed and preemption on rights of immovable property, quashing the lower court's decision and granting opportunity. Petitioner paid the fine.

What did the court decide?

Impugned order rejecting application for setting aside no written statement order is quashed; application is allowed; petitioner to deposit Rs. 5,000 as cost.

Ashru Bajirao Aglawae Vs Javedkhan Kasamkhan and Another — Property and Title | Bombay HC (2013)

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1 wp 1193.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1193 OF 2013

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Ashru S/o Bajirao Aglawae, Age : 45 Years, Occu. : Agril., R/o Pandeghavan, Tq. Ashti, Dist. Beed. .. Petitioner

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Versus

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Javedkhan S/o Kasamkhan, Age : 31 Years, Occu. : Agril., R/o Gondal Galli, Ashti, Tq. Ashti, Dist. Beed.

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Noorkhan S/o Dulhekhan, Age : 57 Years, Occu. : Agril., R/o as above. .. Respondents

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Shri V. M. Chate, Advocate for the Petitioner. Shri P. D. Suryawanshi, Advocate for the Respondent No. 1.

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CORAM : S. V. GANGAPURWALA, J. DATE : 29TH APRIL, 2013.

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ORAL JUDGMENT :

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. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

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2 wp 1193.13

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An application for setting aside no written statement order is rejected.

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Shri Suryawanshi, the learned counsel for the respondent/plaintiff states that, the Trial Court after considering all the relevant aspects of the matter has rightly passed the order and rejected the application. The matter was adjourned for evidence of the plaintiff and three witnesses are already examined. According to the learned counsel no sufficient cause has been made out.

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With the assistance of learned counsel I have gone through the order. It appears that the suit has been filed in January 2012. After the notice is served upon the petitioner, the petitioner appeared, but did not file the written statement. The petitioner had appeared on 28.06.2012. However, an application has been given for setting aside no written statement order along with written statement on 15th January, 2013. There is delay of about three months in filing the written statement. The suit is substantive suit for declaration regarding the sale deed executed in favour of the present petitioner by the respondent No. 2. So also the plaintiff is claiming his right of preemption. The rights

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3 wp 1193.13

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of the parties in an immovable property are involved.

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While issuing the notice I had directed the petitioner to deposit Rs. 5,000/- in this Court. The said amount is deposited by the petitioner.

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Considering the above conspectus of the matter, I am inclined to grant an opportunity to the petitioner. In the light of the above, the impugned order is quashed and set aside and the application Exhibit 26 is allowed. The petitioner has deposited Rs. 5,000/- in this Court as cost. The respondent No. 1/plaintiff is allowed to withdraw the same.

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Rule is accordingly made absolute in above terms.

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Sd/[ S. V. GANGAPURWALA, J. ]

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bsb/April 13

Ashru Bajirao Aglawae v. Javedkhan Kasamkhan and Another

Case brief

What is this about?

What did the court decide?

Ashru Bajirao Aglawae v. Javedkhan Kasamkhan and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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